Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number  76/644651

 

 

EXAMINER’S AMENDMENT

 

This application has been reinstated by the Commissioner for Trademarks.  The Office records have been searched again and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  The examining attorney has reviewed the applicant’s amendments in favor of registration contained in its response to the first Office action.  The disclaimer and amended identifications of goods and services in Classes 3 and 35, respectively, have been accepted and entered into the record. 

 

ADVISORY – AMENDMENTS TO GOODS/SERVICES:  If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

AMENDMENT(S) AUTHORIZED:  As authorized by TMEP section 707.02, the application is amended as noted below.  If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.

 

IDENTIFICATION OF GOODS IN INTERNATIONAL CLASS 16:  In its response to the first Office action, the applicant has proposed that its identification of goods in International Class 16 be amended to: “Printed materials, namely cosmetics and skin care catalogs, leaflets about skin care, beauty care and cosmetics, informational flyers featuring skin care, beauty care and cosmetics, magazines, [sic] featuring news and information about skin care, beauty care and cosmetics stationery, note cards, order forms, letterhead paper and business cards, pamphlets in the field of skin care, beauty care and cosmetics, brochures about skin care, beauty care and cosmetics, books in the filed [sic] of skin care, beauty care and cosmetics, manuals in the field of skin care, beauty care and cosmetics, newsletters in the field of skin care, beauty care and cosmetics, paper identification tags, paper labels, decals, date books; plastic and paper bags for packaging; printed instructional materials featuring business information in the fields of cosmetics and skin care.” 

 

The proposed amended identification of goods in Class 16 contains two obvious typographical errors consisting of the inappropriate comma following the term “magazines” and the misspelling of the term “field” as “filed.”  Accordingly, pursuant to the authorization of TMEP section 707.02, the Class 16 identification of goods has been amended to: “Printed materials, namely cosmetics and skin care catalogs, leaflets about skin care, beauty care and cosmetics, informational flyers featuring skin care, beauty care and cosmetics, magazines featuring news and information about skin care, beauty care and cosmetics stationery, note cards, order forms, letterhead paper and business cards, pamphlets in the field of skin care, beauty care and cosmetics, brochures about skin care, beauty care and cosmetics, books in the field of skin care, beauty care and cosmetics, manuals in the field of skin care, beauty care and cosmetics, newsletters in the field of skin care, beauty care and cosmetics, paper identification tags, paper labels, decals, date books; plastic and paper bags for packaging; printed instructional materials featuring business information in the fields of cosmetics and skin care.” 

 

IDENTIFICATION OF SERVICES IN CLASS 35:  In its response to the first Office action, the applicant has proposed that its identification of services in International Class 35 be amended to: “Preparing promotional materials for others to be provided to independent salespersons; dissemination of advertising materials; organization of marketing promotional events for others [sic] commercial or advertising purposes; providing home shopping services in the field of cosmetics and skin care products by means of telephone; mail order catalog services featuring cosmetics and skin care products; computerized interactive retail store services rendered by means of the Internet in the field of cosmetics and skin care products; business development services, namely, providing start-up support for business of others; computerized on-line ordering services featuring cosmetics, skin care products and fragrances; on-line retail store and distributorship services, all featuring cosmetics, skin care products and fragrances.”

 

The proposed amended identification of services in Class 35 contains one obvious typographical error consisting of the omission of the term “for” after the term “others.”  Accordingly, pursuant to the authorization of TMEP section 707.02, the Class 35 identification of services has been amended to: “Preparing promotional materials for others to be provided to independent salespersons; dissemination of advertising materials; organization of marketing promotional events for others for commercial or advertising purposes; providing home shopping services in the field of cosmetics and skin care products by means of telephone; mail order catalog services featuring cosmetics and skin care products; computerized interactive retail store services rendered by means of the Internet in the field of cosmetics and skin care products; business development services, namely, providing start-up support for business of others; computerized on-line ordering services featuring cosmetics, skin care products and fragrances; on-line retail store and distributorship services, all featuring cosmetics, skin care products and fragrances.”

 

IDENTIFICATION OF SERVICES IN CLASS 41:  In its response to the first Office action, the applicant has proposed that its identification of services in International Class 41 be amended to: “Dissemination of educational materials of others in the field of skin care, beauty care and cosmetics; educational services, namely, organizing and arranging lectures and speeches in the field of skin care, beauty care and cosmetics to be provided to independent salespersons; arranging and conducting work shops and seminars in the filed [sic] of skin care, beauty care and cosmetics and other topics of interests to women in the fields of business, professional development and personal growth.”

 

The proposed amended identification of services in Class 41 contains one obvious typographical error consisting of the omission of the misspelling of the term “field” as “filed.”  Accordingly, pursuant to the authorization of TMEP section 707.02, the Class 41 identification of services has been amended to: “Dissemination of educational materials of others in the field of skin care, beauty care and cosmetics; educational services, namely, organizing and arranging lectures and speeches in the field of skin care, beauty care and cosmetics to be provided to independent salespersons; arranging and conducting work shops and seminars in the field of skin care, beauty care and cosmetics and other topics of interests to women in the fields of business, professional development and personal growth.”

 

CLASSIFICATION OF SERVICES IN CLASS 42:  The applicant has properly amended the identification of its services classified in Class 42.  However, as specifically indicated in the first Office action, the proper classification for such services is International Class 44.  Consequently, pursuant to the authorization of TMEP section 707.02, the application has been amended to reclassify the Class 42 services in Class 44.

 

CHANGE OF ADDRESS (FOR INFORMATION ONLY): Applicants may file address change correspondence via a form on TEAS.  Address changes may be performed on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this form, available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm

 

 

/Sonya B. Stephens/

Trademark Attorney

Law Office 109

(571) 272-9352 phone

(571) 273-9109 fax*

*fax no. for official responses only